Calendar of Public Meetings and Hearings on Permitting Cases

Please Note

With few exceptions, the meetings and hearings on this page have been requested by the public for the specific purpose of debating permitting issues, such as whether a facility should be allowed to obtain, renew, or amend a Texas Pollutant Discharge Elimination System, New Source Review, or Municipal Solid Waste permit at a specific location.

All of the meetings are arranged and conducted by the TCEQ's Office of the Chief Clerk (OCC). Most of the hearings, however, are arranged and conducted by the State Office of Administrative Hearings (SOAH), which was created expressly for that purpose.

This calendar only lists meetings and contested case hearings on permitting cases. In addition, the SOAH hearings in this calendar only announce the first notice, or preliminary hearing date, of a case, and are posted purely as a courtesy to our customers. For information on subsequent SOAH hearings, contact SOAH at the number listed below.

Follow these links to find information about TCEQ commission agendas, commission work sessions, the executive director's agenda, and public hearings for proposed rules; or SOAH hearings on rate cases, Certificates of Convenience and Necessity (CCN), enforcement matters, and contract disputes.

If you have questions about a specific hearing or meeting, please call the contact person listed on the hearing or meeting notice. If you have general questions about this calendar, please call OCC at 512-239-3300.

SOAH may be reached by phone 512-475-4993, by E-mail (feedback@soah.texas.gov), or on the Web (www.soah.texas.gov).

Persons with disabilities who plan to attend a TCEQ meeting or SOAH hearing and who need special accommodations should call OCC (512-239-3300) or 1-800-RELAY-TX (TDD) at least one week prior to the event.

NOTICE OF HEARING

THE GOLF CLUB AT CIRCLE C, LP
SOAH Docket No. 582-12-5871
TCEQ Docket No. 2011-2134-WR
Water Use Permit No. 5852

APPLICATION.
The Golf Club at Circle C, LP, 7401 Highway 45, Austin, Texas 78739, Applicant, seeks a Water Use Permit pursuant to Texas Water Code (TWC) §§11.121, 11.042 and 11.143, and Texas Commission on Environmental Quality (TCEQ) Rules 30 Texas Administrative Code (TAC) §295.1, et seq.

The Golf Club at Circle C, L.P. applied to the Texas Commission on Environmental Quality (TCEQ) for a water use permit, pursuant to a Firm Water Contract with the Lower Colorado River Authority, to maintain five existing dams and reservoirs on an unnamed tributary of Danz Creek and Danz Creek, Colorado River Basin, for recreational and agricultural purposes, and an existing off-channel reservoir known as Southwest Austin Regional Irrigation Storage Pond (SARISP), which is adjacent to Danz Creek and connected to Reservoir 1 via pipeline, for agricultural (irrigation) purposes. They also request a bed and banks authorization for Danz Creek to convey groundwater and diffuse surface water captured in the SARISP for storage and subsequent diversion.

Notice of the application was issued on May 19, 2005, to the water right holders of record in the Colorado River Basin, and the comment period ended July 11, 2005. On October 17, 2008, the applicant amended the application to include a Firm Water Contract with the Lower Colorado River Authority (LCRA), and to include more accurate bearing and distance coordinates. Pursuant to that request, on January 24, 2011, notice was republished and mailed to all water right holders of record in the Colorado River Basin.

The Golf Club at Circle C, L.P. seeks a Water Use Permit to maintain on-channel dams and reservoirs (Reservoirs 1 – 5) located on an unnamed tributary of Danz Creek and Danz Creek, tributary of Slaughter Creek, tributary of Onion Creek, tributary of the Colorado River, Colorado River Basin for recreational purposes. Applicant also seeks authorization to maintain Reservoir 1 and an existing off-channel reservoir known as the Southwest Austin Regional Irrigation Storage Pond (SARISP) for agricultural purposes.

Applicant continues to seek approval for diversion points DIV1A and DIV1B, and for discharge points DIS1A, DIS2, DIS3, DIS4, DIS1B, DISCRK, and DIS1C.

Applicant requests the right to store and convey not to exceed 262 acre-feet of water for subsequent diversion and use from Reservoir 1 and the SARISP. Applicant has identified a water supply contract between the LCRA and the Applicant as an additional alternate source. As originally proposed, the diverted water from Reservoir 1 will be used for agricultural purposes to irrigate 115 acres of land out of two tracts of land totaling 275.6244 acres.

Applicant requests authorization to use the bed and banks of Danz Creek to convey groundwater to account for losses due to evaporation, evapotranspiration, infiltration, and for storage and subsequent diversion for irrigation purposes; and to use the bed and banks of Reservoir 1 to convey diffuse surface water captured in the SARISP for storage and subsequent diversion for irrigation.

Applicant further seeks to maintain Reservoir 1 at its maximum operating level at all times. If sufficient water from Danz Creek or the SARISP is not available to maintain the reservoir at maximum level, the applicant will continue the current practice of discharging groundwater from an existing well into Reservoir 1 via underground pipe to maintain it at maximum level. Applicant indicates the Reservoirs are located in zip code 78739.

The dams and reservoirs are described as follows:

Reservoir 1 (Irrigation Pond Dam) is located on Danz Creek, 15.2 miles southwest of the City of Austin. The reservoir has a capacity of 20.1 acre-feet of water with a surface area of 3.1 acres. The dam is located in the Thomas Brite Original Survey No. 65, Abstract No. 98. Station 1+00 on the centerline of the dam is S 7.817° W, 2,070 feet from the northwest corner of the Brite Survey, also being at Latitude 30.181357° N, Longitude 97.910578° W.

Reservoir 2 (Holes 7 & 8 Pond) is located on Danz Creek, 14.8 miles southwest of the City of Austin. The reservoir has a capacity of 1.3 acre-feet of water with a surface area of 0.7 acre. The dam is located in the Corbet Stevens Original Survey No. 63, Abstract 740. Station 1+00 on the centerline of the dam is N 58.267° W, 1,310 feet from the northwest corner of the Brite Survey, also being at Latitude 30.188902° N, Longitude 97.913141° W.

Reservoir 3 (Hole 16, lower pond) is located on an unnamed tributary of Danz Creek, 15.6 miles southwest of the City of Austin. The reservoir has a capacity of 3.0 acre-feet of water with a surface area of 1.1 acres. The dam is located in the Stevens Survey. Station 1+00 on the centerline of the dam is S 40.550° W, 2,830 feet from the northwest corner of the Brite Survey, also being at Latitude 30.181115° N, Longitude 97.915510° W.

Reservoir 4 (Hole 13 pond) is located on an unnamed tributary of Danz Creek, 15.6 miles southwest of the City of Austin. The reservoir has a capacity of 2.0 acre-feet of water with a surface area of 0.5 acre. The dam is located in the Brite Survey. Station 1+00 on the centerline of the dam is S 11.050° W, 3,740 feet from the northwest corner of the Brite Survey, also being at Latitude 30.176908° N, Longitude 97.912004° W.

Reservoir 5 (Hole 16, upper pond) is located on an unnamed tributary of Danz Creek, 15.6 miles southwest of the City of Austin. The reservoir has a capacity of 1.4 acre-feet with a surface area of 0.5 acre. The dam is located in the Stevens Survey. Station 1+00 on the centerline of the dam is S 47.867° W, 2,567 feet from the northwest corner of the Brite Survey, also being at Latitude 30.182288° N, Longitude 97.915703° W.

The SARISP is 15.2 miles southwest of the City of Austin. The reservoir has a capacity of 50.6 acre-feet of water with a surface area of 7.8 acres. The dam is located in the Brite Survey. Station 1+00 on the centerline of the dam is S 35.133° E, 2,903 feet from the northwest corner of the Brite Survey, also being at Latitude 30.180404° N, Longitude 97.904412° W.

When water in Danz Creek exceeds the inlet elevation for the diversion structure at DIV1B, water will be diverted from Danz Creek to SARISP at DIV1B. If water is available from SARISP, Applicant will pump that water from SARISP and discharge it into Reservoir 1 at DIS1B. Applicant will then divert that water from Reservoir 1 at DIV1A for irrigation. If water is not available from SARISP, then Applicant will discharge groundwater into Reservoir 1 from the existing groundwater well that currently serves all golf course irrigation demand at DIS1A, then diverted from Reservoir 1 at DIV1A. Applicant indicates the diversion and discharge points are located in zip code 78739.

The diversion points and rates are described as follows:

Diversion point 1 (DIV1A) is located on the perimeter of Reservoir 1, 15.2 miles southwest of the City of Austin, bearing S0.850° E, 1,720 feet from the northwest corner of the Brite Survey, also being at Latitude 30.182231° N, Longitude 97.909852° W. Water will be diverted by three pumps at a maximum combined diversion rate of 3.899 cfs (1,750 gpm).

Diversion point 2 (DIV1B) is located on the perimeter of Reservoir 1, 15.2 miles southwest of the City of Austin, bearing N 0.850° E, 1,820 feet from the northwest corner of the Brite Survey, also being at Latitude 30.182045° N, Longitude 97.909772° W. Water will diverted through a grated inlet into the Southwest Austin Properties Regional Irrigation Storage Pond at a maximum diversion rate of 18.000 cfs (8,080 gpm).

LCRA contract water, state water in excess of the firm water contract amount, and diffuse surface water captured in the SARISP will be discharged into Danz Creek and LCRA contract water, groundwater, and diffuse surface water captured in SARISP will be discharged into Reservoirs 1-4 as follows:

Discharge point 1 (DIS1) is on the perimeter of Reservoir 1, 15.2 mile southwest of the City of Austin, bearing S 6.517° E, 1,560 feet from the Northwest corner of the Brite Survey, also being at Latitude 30.182809° N, Longitude 97.910253° W. Water will be discharged at a maximum rate of 1.0 cfs (450 gpm).

Discharge point 2 (DIS2) is on the perimeter of Reservoir 2, 14.8 miles southwest of the City of Austin, bearing N 54.083° W, 1,370 feet from the northwest corner of the Brite Survey, also being at Latitude 30.189212° N, and Longitude 97.913114° W. Water will be discharged at a maximum rate of 1.4 cfs (640 gpm) from the irrigation system and 140.4 cfs (63,016 gpm) from the Somerset Estates Subdivision storm water system.

Discharge point 3 (DIS3) is on the perimeter of Reservoir 3, 15.6 miles southwest of the City of Austin, bearing S37.150° W, 2,640 feet from the northwest corner of the Brite Survey, also being at Latitude 30.198036° N, Longitude 97.914935° W. Water will be discharged at a maximum rate of 1.4 cfs (640 gpm).

Discharge point 4 (DIS4) is on the perimeter of Reservoir 4, 15.6 miles southwest of the City of Austin, bearing S 15.950° W, 3,440 feet from the northwest corner of the Brite Survey, also being at Latitude 30.194364° N, Longitude 97.912479° W. Water will be discharged at a maximum rate of 1.4 cfs (640 gpm).

Discharge point 5 (DIS1B) is on the perimeter of Reservoir 1, 15.2 miles southwest of the City of Austin, bearing S 0.850° E, 1,820 feet from the northwest corner of the Brite Survey, also being at Latitude 30.182045° N, Longitude 97.909772° W. Water will be discharged at a maximum rate of 4.5 cfs (2,000 gpm).

Discharge point 6 (DISCRK) is the discharge line from Reservoir 1 into Danz Creek, 15.2 miles southwest of the City of Austin, bearing S 4.383° W, 1,960 feet from the northwest corner of the Brite Survey, also being at Latitude 30.181700° N, Longitude 97.910180° W. Water will be discharged at a maximum rate of 5.6 cfs (2,510 gpm).

Discharge point 7 (DIS1C) is on the perimeter of Reservoir 1, 15.2 miles southwest of the City of Austin bearing S 7.733° W, 1,992 feet from the northwest corner of the Brite Survey, also being at Latitude 30.181700°N, Longitude 97.910180° W. Groundwater from an existing well will be discharged into Reservoir 1 at this discharge point.

Ownership of the land inundated by Reservoirs 1, 2, 3, and 4 and the land to be irrigated is evidenced by a Warranty Deed with Vendor’s Lien, Document No. 2003148469 in the Official Records of Travis County.

Reservoir 5 (Hole 16, upper pond) is partially owned by The Golf Club at Circle C, L.P. and Circle C Land, L.P. Both parties have entered into a Pond Maintenance Agreement dated December 27, 2004, which describes the ownership and the maintenance regarding Reservoir 5.

The SARISP is located on land owned by Phoenix Holdings, LTD. The Golf Club at Circle C, L.P., Phoenix Holdings, LTD., Eleven Castle Management Company, Inc., and Newmark Homes, L.P., have entered into a Pond Maintenance and Use Agreement dated October 30, 2003, which describes the ownership, maintenance and the use of the water collected in the pond.

Applicant has two groundwater wells that can produce a combined total of 568,800 gpm or 639 acre-feet of groundwater a year. Applicant has also submitted accounting procedures which will determine the amount of LCRA contract water, groundwater and diffuse surface water that will be used and determine the volume of required discharges into Danz Creek to compensate for any state water lost or diverted in excess of the LCRA contract amount.

The applicant indicates that while Reservoir 5 (Hole 16, upper pond) is currently on-channel and receives state water, proposed channel improvements will make Reservoir 5 an off-channel reservoir and will limit future inflows into the pond to diffuse surface water.

The Executive Director has prepared a draft permit, which, if approved, would include special conditions including but not limited to, maintenance of an alternate source of water and an accounting plan. The application, technical memoranda, and Executive Director’s draft amendment are available for viewing and copying at the Office of the Chief Clerk, 12100 Park 35 Circle, Building F, Austin, Texas, 78753.

CONTESTED CASE HEARING.
SOAH will conduct a preliminary hearing on this application at:

10:00 a.m. - May 14, 2012
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701

The purpose of a preliminary hearing is to establish jurisdiction, name the parties, establish a procedural schedule for the remainder of the proceeding, allow an opportunity for settlement discussions, and to address other matters as determined by the judge. The evidentiary hearing phase of the proceeding will be similar to a civil trial in state district court.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 11, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 Texas Administrative Code (TAC) Chapter 80 and 1 TAC Chapter 155.

The applicant is automatically a party in this hearing. If anyone else wishes to be a party to the hearing, he or she must attend the hearing and show how he or she would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and any person may request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION.
If you need more information about the hearing process for this application, please call the Public Education Program, toll free, at 1-800-687-4040. General information about the TCEQ can be found at http://www.tceq.texas.gov/.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Issued: April 20, 2012

Bridget C. Bohac, Chief Clerk
Texas Commission on Environmental Quality

NOTICE OF HEARING
P & L CAST STONE, INC.
SOAH Docket No. 582-12-5531
TCEQ Docket No. 2011-2114-AIR
Proposed Registration No. 93109

APPLICATION.
P & L Cast Stone, Inc., P.O. Box 1751, Roanoke, Texas 76262-1751, has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant Registration Number 93109, which would authorize construction of a concrete batch plant under Title 30 Texas Administrative Code § 116.611 (30 TAC § 116.611) in the extraterritorial jurisdiction of Fort Worth at 4000 Haslet Roanoke Road, Tarrant County, Texas 76262. The proposed facility will emit the following air contaminants: particulate matter including (but not limited to) aggregate, cement, road dust, and particulate matter with diameters of 10 microns or less and 2.5 microns or less.

The TCEQ executive director has determined that the application meets all of the requirements of a Standard Permit authorized by 30 TAC § 116.611 which would establish the conditions under which the facility must operate. The executive director has made a preliminary decision to issue the registration because it meets all rules and regulations. The permit application, executive director’s preliminary decision, and standard permit will be available for viewing and copying at the TCEQ central office, the TCEQ Dallas/Fort Worth regional office. The facility’s compliance file, if any exists, is available for public review at the TCEQ Dallas/Fort Worth Regional Office, 2309 Gravel Dr, Fort Worth, Texas.

CONTESTED CASE HEARING.
The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. - May 14, 2012
Denton County Commissioner’s Court
110 West Hickory Street, 2nd Floor
Denton, Texas 76201

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on March 19, 2012. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with the Chapter 2001, Texas Government Code; Chapter 382, Texas Health and Safety Code; TCEQ rules including 30 Texas Administrative Code (TAC) Chapter 116, Subchapters A and B; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be affected by the application in a way not common to the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION.
If you need more information about the hearing process for this application, please call the Public Education Program, toll free, at 1-800-687-4040. General information regarding the TCEQ can be found at http://www.tceq.texas.gov/.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Further information may also be obtained from P & L Cast Stone, Inc. at the address stated above or by calling Mr. Perry Rupp, President at 817-430-8114.

Issued: April 2, 2012

Bridget C. Bohac, Chief Clerk
Texas Commission on Environmental Quality

NOTICE OF HEARING
SYNAGRO OF TEXAS-CDR, INC.
SOAH Docket No. 582-12-5502
TCEQ Docket No. 2011-2316-IWD
Proposed Permit No. WQ0004941000

APPLICATION.
Synagro of Texas-CDR, Inc., 1002 Village Square Drive, Suite C, Tomball, Texas 77375, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, Proposed TCEQ Permit No. WQ0004941000, to authorize the land application of sewage sludge for beneficial use on 635.06 acres. This permit will not authorize a discharge of pollutants into waters in the State.

The sewage sludge land application site will be located at 510 Empedrado Drive, at the intersection of Highway 71 and Empedrado Drive, approximately 10 miles east of the Austin-Bergstrom International Airport, in Bastrop and Travis Counties, Texas 78612. The sewage sludge land application site will be located within the drainage basin of Colorado River Below Town Lake in Segment No. 1428 of the Colorado River Basin.

The TCEQ Executive Director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director’s preliminary decision, and draft permit are available for viewing and copying at the Bastrop County Agrilife Extension Building, 901 Pecan Street, Bastrop, Texas and the Travis County Agrilife Extension Building, 1600-B Smith Street, Austin, Texas.

CONTESTED CASE HEARING.
The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. - May 21, 2012
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on March 19, 2012. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION.
If you need more information about the hearing process for this application, please call the Public Education Program, toll free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at http://www.tceq.texas.gov/.

Further information may also be obtained from Synagro of Texas-CDR, Inc. at the address stated above or by calling Mr. Paul Beydler at 281-516-0305, Extension 112.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Issued: April 4, 2012

Bridget C. Bohac, Chief Clerk
Texas Commission on Environmental Quality

AMENDED NOTICE OF HEARING
(To change hearing date. No other changes have been made.)
SOUTHWESTERN ELECTRIC POWER COMPANY
SOAH Docket No. 582-12-5301
TCEQ Docket No. 2011-2199-IWD
Permit No. WQ0002496000

APPLICATION.
Southwestern Electric Power Company, 2400 Farm-to-Market Road 3251, Hallsville, Texas, 75650-7634, which operates Henry W. Pirkey Power Plant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0002496000 to authorize: (a) an increase in the capacity of the existing Flue Gas Desulphurization (FGD) & Fly Ash Landfill Retention Pond, (b) the diversion of wastewater from the Ash Pond into the FGD & Fly Ash Landfill Retention Pond on an infrequent basis, (c) a reduction in the monitoring frequency for total suspended solids at Outfalls 004 and 005 from once per month to once per quarter, (c) a reduction in the monitoring frequency for oil and grease at Outfall 006 from once per month to once per quarter, (d) a reduction in the monitoring frequency for oil and grease at Outfall 102 from once per quarter to once per year, (e) a reduction in monitoring frequency for biochemical oxygen demand (5-day) at Outfall 302 from once per two months to once per quarter, and (f) a temporary reduction in two-foot freeboard requirement for ponds during storm events. The current permit authorizes the discharge of once-through cooling water and previously monitored effluent (low volume wastewater on an intermittent and flow variable basis via Outfall 102; treated effluent from Plant "X" at a daily average flow not to exceed 800,000 gallons per day via Outfall 202; and domestic wastewater at a daily average flow not to exceed 15,000 gallons per day via Outfall 302) at a daily average flow not to exceed 600,000,000 gallons per day via Outfall 002; storm water from the Lignite Runoff Pond on an intermittent and flow variable basis via Outfall 003; storm water from the FGD & Fly Ash Landfill Retention Pond on an intermittent and flow variable basis via Outfall 004; storm water from the Limestone Runoff Pond on an intermittent and flow variable basis via Outfall 005; and wastewater from the Ash Pond on an intermittent and flow variable basis via Outfall 006.

The facility is located adjacent to Red Oak Road at a point approximately six miles southeast of the City of Hallsville, Harrison County, Texas 75650. The effluent is discharged via Outfalls 002 and 003 to Brandy Branch Reservoir; thence to Brandy Branch Creek; via Outfalls 004, 005, and 006 to unnamed tributaries of Hatley Creek; thence to Hatley Creek; thence all to Sabine River Above Toledo Bend Reservoir in Segment No. 0505 of the Sabine River Basin. The unclassified receiving waters have high aquatic life use for Brandy Branch Reservoir, no significant aquatic life use for Brandy Branch Creek and the unnamed tributaries of Hatley Creek, and high aquatic life use for Hatley Creek. The designated uses for Segment No. 0505 are high aquatic life use, contact recreation, and public water supply.

In accordance with Title 30 Texas Administrative Code (TAC) §307.5 and the TCEQ implementation procedures (January 2003) for the Texas Surface Water Quality Standards, an antidegradation review of the receiving waters was performed.

A Tier 1 antidegradation review has preliminarily determined that existing water quality uses will not be impaired by this permit action. Numerical and narrative criteria to protect existing uses will be maintained. A Tier 2 review has preliminarily determined that no significant degradation of water quality is expected in Brandy Branch Reservoir and Hatley Creek, which have been identified as having high aquatic life use. Existing uses will be maintained and protected. The preliminary determination can be reexamined and may be modified if new information is received.

The TCEQ executive director has prepared a draft permit which, if approved, would establish the conditions under which the facility must operate. The Executive Director has made a preliminary decision that this permit, if issued, meets all statutory and regulatory requirements. The permit application, Executive Director's preliminary decision, and draft permit are available for viewing and copying at Marshall Public Library, 300 South Alamo Street, Marshall, Texas.

CONTESTED CASE HEARING.
The State Office of Administrative Hearings (SOAH) will conduct a formal contested case hearing at:

10:00 a.m. – May 22, 2012
William P. Clements Building
300 West 15th Street, 4th Floor
Austin, Texas 78701

The contested case hearing will be a legal proceeding similar to a civil trial in state district court. The hearing will address the disputed issues of fact identified in the TCEQ order concerning this application issued on March 8, 2012. In addition to these issues, the judge may consider additional issues if certain factors are met.

The hearing will be conducted in accordance with Chapter 2001, Texas Government Code; Chapter 26, Texas Water Code; and the procedural rules of the TCEQ and SOAH, including 30 TAC Chapter 80 and 1 TAC Chapter 155. The hearing will be held unless all timely hearing requests have been withdrawn or denied.

To request to be a party, you must attend the hearing and show you would be adversely affected by the application in a way not common to members of the general public. Any person may attend the hearing and request to be a party. However, in accordance with the Commission Order, the "ALJ shall not consider any additional members of Sierra Club and/or Public Citizen for purposes of associational standing for making the initial determination on affectedness ... Should SOAH determine that Sierra Club and/or Public Citizen have demonstrated affectedness, then ... SOAH may consider requests for hearing submitted by other individuals or organizations." If SOAH determines that Sierra Club and/or Public Citizen is an affected person, any other person may then request to be a party. Only persons named as parties may participate at the hearing.

INFORMATION.
If you need more information about the hearing process for this application, please call the Public Education Program, toll free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at http://www.tceq.texas.gov/.

Further information may also be obtained from Southwestern Electric Power Company at the address stated above or by calling Mr. Franklin L. Mills at 214-777-1507.

Persons with disabilities who need special accommodations at the hearing should call the SOAH Docketing Department at 512-475-3445, at least one week prior to the hearing.

Issued: April 4, 2012

Bridget C. Bohac, Chief Clerk
Texas Commission on Environmental Quality

NOTICE OF APPLICATION AND PUBLIC HEARING FOR AN AIR QUALITY
STANDARD PERMIT FOR A CONCRETE BATCH PLANT WITH ENHANCED
CONTROLS

PROPOSED AIR QUALITY REGISTRATION NUMBER 102063

APPLICATION.
BC Materials, L.L.C., P.O. Box 249, Hewitt, Texas 76643-0249 has applied to the Texas Commission on Environmental Quality (TCEQ) for an Air Quality Standard Permit for a Concrete Batch Plant with Enhanced Controls Registration Number 102063 to authorize the operation of a concrete batch plant. The facility is proposed to be located on the east side of Old Temple Road approximately 0.5 mile south of its intersection with Farm-to-Market Road 3148 (Moonlight Drive), Lorena, McLennan County, Texas 76655. This link to an electronic map of the site or facility's general location is provided as a public courtesy and not part of the application or notice. For exact location, refer to application. http://www.tceq.texas.gov/assets/public/hb610/index.html?lat=31.4075&lng=-97.188611&zoom=13&type=r. This application was submitted to the TCEQ on April 5, 2012. The primary function of this plant is to manufacture concrete by mixing materials including (but not limited to) sand, aggregate, cement and water. The executive director has determined the application was technically complete on April 17, 2012.

PUBLIC COMMENT/PUBLIC HEARING.
Public written comments about this application may be submitted at any time during the public comment period. The public comment period begins on the first date notice is published and extends to the close of the public hearing. Public comments may be submitted either in writing to the Texas Commission on Environmental Quality, Office of the Chief Clerk, MC-105, P.O. Box 13087, Austin, TX 78711-3087, or electronically at www.tceq.texas.gov/about/comments.html. If you choose to communicate with the TCEQ electronically, please be aware that your email address, like your physical mailing address, will become part of the agency's public record.

A public hearing has been scheduled, that will consist of two parts, an informal discussion period and a formal comment period. During the informal discussion period, the public is encouraged to ask questions of the applicant and TCEQ staff concerning the application, but comments made during the informal period will not be considered by the executive director before reaching a decision on the permit, and no formal response will be made to the informal comments. During the formal comment period, members of the public may state their comments into the official record. Written comments about this application may also be submitted at any time during the hearing. The purpose of a public hearing is to provide the opportunity to submit written comments or an oral statement about the application. The public hearing is not an evidentiary proceeding.

The Public Hearing is to be held:
Monday, June 11, 2012, at 7:00 pm
Ramada Hewitt
778 Sun Valley Boulevard
Hewitt, Texas 76643

RESPONSE TO COMMENTS.
A written response to all formal comments will be prepared by the executive director after the comment period closes. The response, along with the executive director's decision on the application, will be mailed to everyone who submitted public comments and the response to comments will be posted in the permit file for viewing.

The executive director shall approve or deny the application not later than 35 days after the date of the public hearing, considering all comments received within the comment period, and base this decision on whether the application meets the requirements of the standard permit.

CENTRAL/REGIONAL OFFICE.
The application will be available for viewing and copying at the TCEQ Central Office and the TCEQ Waco Regional Office, located at 6801 Sanger Ave Ste 2500, Waco, Texas 76710-7826, during the hours of 8:00 am to 5:00 pm, Monday through Friday, beginning the first day of publication of this notice.

INFORMATION.
If you need more information about this permit application or the permitting process, please call the Public Education Program toll free at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040.

Further information may also be obtained from BC Materials, L.L.C., P.O. Box 249, Hewitt, Texas 76643-0249, or by calling Mr. Josh Butler, Westward Environmental, Inc., Environmental Specialist at (830) 249-8284.

Notice Issuance Date: May 3, 2012